Citation Nr: 0941366
Decision Date: 10/30/09 Archive Date: 11/09/09
DOCKET NO. 08-01 672 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama
THE ISSUES
1. Entitlement to service connection for migraine headaches.
2. Entitlement to service connection for posttraumatic
stress disorder (PTSD).
REPRESENTATION
Veteran represented by: The American Legion
WITNESS AT HEARINGS ON APPEAL
The Veteran
ATTORNEY FOR THE BOARD
M.W. Kreindler, Counsel
INTRODUCTION
The Veteran served on active duty from June 1966 to March
1970.
This matter comes to the Board of Veterans' Appeals (Board)
from an August 2006 rating decision of a Department of
Veterans Affairs (VA) Regional Office (RO). A notice of
disagreement was filed in September 2008, a statement of the
case was issued in December 2007, and a substantive appeal
was received in January 2008. The Veteran testified at a RO
hearing in April 2007, and testified at a Board hearing in
August 2008.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the Veteran
if any further action is required on his part.
REMAND
Migraine headaches
With regard to the Veteran's claim of service connection for
migraine headaches, at the Board hearing the Veteran
testified that he had sought treatment at the Vaughn Medical
Center, previously the Selma Medical Center, in the 1980's
for headaches, and submitted a VA Form 21-4142. The RO
should request such records. The Veteran also testified that
he worked for the Southern Railroad from 1977 to 1995 and
experienced headaches during that time. The Veteran recalled
that he had undergone a physical during such employment. The
evidence of record reflects that the U.S. Railroad Retirement
Board determined that the Veteran was disabled under the
Railroad Retirement Act effective September 1995. In light
of the Veteran's testimony, the RO should attempt to obtain
the Veteran's records from the Southern Railroad and/or U.S.
Railroad Retirement Board.
If any such records are associated with the claims folder,
the Veteran should be afforded a VA examination to assess the
nature and etiology of his claimed migraine headaches. See
McLendon v. Nicholson, 20 Vet. App. 79 (2006).
PTSD
VBA's Adjudication Procedure Manual, M21-1, Part III,
5.14(b)(3) provides, "In cases where available records do
not provide objective or supportive evidence of the alleged
in[-]service traumatic stressor, it is necessary to develop
for this evidence." The adjudication manual also provides,
"If a VA examination or other medical evidence establishes a
valid diagnosis of PTSD, and development is complete in every
respect but for confirmation of the in[-]service stressor
contact [the United States Armed Services Center for the
Research of Unit Records]."
In his December 2005 claim for compensation, the Veteran
stated that the police department of Provincetown,
Massachusetts requested that the military of North Truro
search the beaches for dead bodies. He reported that he
found female parts that had been chewed on by human teeth.
He reported that there were legs, arms, feet, and heads
buried in the sands along the beaches.
A March 2006 VA psychiatric outpatient treatment record
reflects the Veteran's report of an incident when he saw
bodies lined up on the beach after a rampage shooting, and he
later recovered bodies that were mutilated and decomposed.
He reported nightmares due to these incidents. The diagnoses
were organic affective disorder and PTSD noncombat related.
An April 2006 stressor statement from the Veteran reflects
his report that during service he fell down a cliff while
searching for women and mutilated babies that had been eaten
or chewed on by human teeth. He stated that he found hands
and fingers that had been cut off from the rest of the body
and buried in the sand on the beaches. He stated that he
could not get a good night's sleep after finding all of those
body pieces.
In a September 2006 statement from the Veteran, he reported
that bodies had been buried in the sand of different beaches
and his commanding officer ordered the military personnel to
participate in the searching of bodies. He reported that he
was in on the search and found body parts that had been
mutilated.
At the Board hearing, the Veteran testified that during his
period of service in Cape Cod, Massachusetts, there was an
individual who killed several women and mutilated their
bodies and a commanding officer ordered his unit to help
search for the dead bodies. He testified that the search and
finding of body parts occurred in Provincetown during his
period of service between 1967 and 1970.
In light of the Veteran's contention that a commanding
officer ordered the Veteran and fellow servicemen to search
the beaches for bodies to assist the Provincetown Police
Department, the RO should request the Veteran's service
personnel records. The RO should also attempt to confirm
whether there were any serial murders that occurred in
Provincetown/Cape Cod, Massachusetts during the Veteran's
period of service. If such murders are verified, the RO
should attempt to confirm whether the Veteran and his unit
assisted the Provincetown Police Department in the retrieval
of dead bodies and/or body parts. Such attempts at
verification should include contacting the U.S. Army and
Joint Service Records Research Center (JSRRC) in an attempt
to obtain corroborating evidence of the Veteran's claimed in-
service stressor pertaining to assistance to the Provincetown
Police Department and/or retrieval of dead bodies and/or body
parts from the beaches in Cape Cod.
If any of the Veteran's claimed in-service stressors are
corroborated, then the Veteran should be afforded a VA
examination to assess the nature and etiology of his claimed
PTSD.
Accordingly, the case is REMANDED for the following actions:
1. Contact the Veteran and obtain the
full name and address of his railroad
employer from 1977 to 1995.
2. Upon obtaining any necessary
releases, the RO should obtain the
Veteran's records from the Southern
Railroad, U.S. Railroad Retirement Board,
or any other appropriate repository
identified by the Veteran. If such
efforts prove unsuccessful, documentation
to that effect should be added to the
claims folder.
3. Upon obtaining any necessary
releases, the RO should obtain the
Veteran's medical records from Vaughn
Medical Center, previously known as Selma
Medical Center, for the period from
January 1, 1980. If any such efforts are
unsuccessful, documentation to that
effect should be added to the claims
folder.
4. Schedule the Veteran for an
appropriate VA examination to ascertain
the nature and etiology of any migraine
headaches. The claims file should be
made available to the examiner for review
in connection with the examination. All
appropriate testing should be performed.
The examiner should provide an opinion as
to whether it is at least as likely as
not (a 50% or higher degree of
probability) that the Veteran's migraine
headaches had a clinical onset in service
or are otherwise related to service.
All opinions and conclusions expressed
must be supported by a complete rationale
in a report. The examiner should
reconcile any opinion with the service
treatment records (negative for findings
of migraine headaches), and subsequent VA
and private medical reports reflecting a
diagnosis of migraine headaches.
5. Obtain the Veteran's service
personnel records. If any such efforts
are unsuccessful, documentation to that
effect should be added to the claims
folder.
6. The RO should take appropriate steps
to attempt to verify whether there were
any serial murders that occurred in
Provincetown/Cape Cod, Massachusetts
during the Veteran's period of service.
7. The RO should review the claims file
thoroughly and prepare a summary of the
Veteran's claimed in-service stressor
related to serial murders that occurred
between 1967 and 1970 in Cape Cod,
Massachusetts. This summary of
stressors, with specific details
regarding the Veteran's alleged in-
service stressors, and all associated
documents (such as the Veteran's service
personnel records), should be sent to the
U.S. Army and Joint Services Records
Research Center (JSRRC). JSRRC should be
requested to attempt corroboration of the
Veteran's claimed in-service stressors,
including his unit's participation in the
assistance of the Provincetown Police
Department and/or retrieval of dead
bodies and/or body parts on the beaches
of Cape Cod due to serial murders.
8. Thereafter, if, and only if, an
alleged in-service stressor is
verified, schedule the Veteran for a VA
psychiatric examination for the purpose
of ascertaining whether PTSD found
present is related to service.
Appropriate psychological testing
should be accomplished if deemed
helpful. The claims folder must be
made available to the examiner for
review. The examiner should provide an
opinion as to whether the Veteran's
symptomatology meets the criteria for a
diagnosis of PTSD. The stressor
supporting the diagnosis must be
identified by the examiner.
9. After completion of the above, the RO
should review the expanded record and
determine if any of the benefits sought
can be granted. If any benefit sought is
not granted, the Veteran and his
representative should be furnished an
appropriate supplemental statement of the
case and be afforded an opportunity to
respond. Thereafter, the case should be
returned to the Board for appellate
review.
No action is required of the Veteran until he is notified by
the RO; however, the Veteran is advised that failure to
report for any scheduled examination may result in the denial
of his claim. 38 C.F.R. § 3.655. The Veteran and his
representative have the right to submit additional evidence
and argument on the matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009).
_________________________________________________
THOMAS J. DANNAHER
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2009).